The applicant sought judicial review of a Refugee Protection Division (RPD) decision refusing to reopen her refugee claim.
The claim was declared abandoned for failure to submit Basis of Claim forms and appear at an abandonment hearing.
The Federal Court found that the applicant's counsel had a scheduling conflict and intended to reschedule the hearing, but a clerical error prevented this.
The Court held that the RPD's failure to address this conflict and its resulting denial of the applicant's opportunity to re-establish her claim constituted a breach of procedural fairness.
The application for judicial review was granted and the matter remitted for redetermination.
